CALIFORNIA CODE OF REGULATIONS
TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT
DIVISION 1. CHAPTER 6. SUBCHAPTER 6.6
SECTIONS 6600 THROUGH 6607, CONSECUTIVE
PROHOUSING DESIGNATION PROGRAM
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Adopt Subchapter 6.6
Subchapter 6.6 Prohousing Designation Program
Adopt Section 6600
§ 6600. Purpose, S cope, and Authority
(a) P ursuant to the Prohousing Designation Program, established by Government Code section 65589.9, the Department shall designate qualifying jurisdictions as Prohousing. Such Prohousing Jurisdictions shall receive additional points or other preference in the scoring of competitive applications for funding under programs that support housing, transportation, infrastructure, land use, and related objectives. The administrators of each program will determine the value and form of the preference. (b) Thes e regulations establish the Program’s procedures for application submittal, application scoring, designation of jurisdictions as Prohousing, reporting, and monitoring pursuant to Government Code section 65589.9.
Note: Authority Cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
Adopt Section 6601
§ 6601. Definitions
(a) This subchapter is governed by the following definitions . All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the definitions and intent of Government Code section 65589.9. (1) Accelerati on of Housing Production. Promoting housing production by streamlining approval processes or timelines, reducing costs or financial barriers, or removing or mitigating regulatory barriers to development. Relevant activities include, but are not limited to, incentive zoning and modification to development standards (i.e., allowing developers to build higher-density projects than would be permitted under existing zoning in exchange for providing features that are considered to be in the community’s interest); increasing building heights and densities; zoning amendments to permit
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residential uses in non-residential zones; corridor planning; modifications to development standards; non-discretionary review; supportive financing strategies; sliding scale fee modifications; facilitating adequate infrastructure to support development; and approval streamlining.
(2) ADU. Accessory Dwelling Unit.
(3) Affirmatively Furthering Fair Housing. Affirmatively furthering fair housing is defined in accordance with Government Code section 8899.50. (4) Annual Progress Report. The annual report required to be submitted to the Department pursuant to paragraph (2) of subdivision (a) of Section 65400 of the Government Code.
(5) CEQA. The California Environmental Quality Act.
(6) Compliant Housing Element. An adopted housing element that has been duly found to be in substantial compliance with the requirements of Housing Element Law. (7) Department. The California Department of Housing and Community Development. (8) Enhanced Infrastructure Financing District. An Enhanced Infrastructure Financing District is defined in accordance with Government Code section 53398.51, subdivision (f).
(9) Environmentally Sensitive or Hazardous Areas. Environmentally Sensitive or Hazardous Areas mean the following:
(A) Sensitive areas of a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code, including any portion of the property that contains or is characterized by any of the following:
(i) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.
(ii) Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.
(iii) A tsunami run-up zone.
(iv) Use of the site for public access to or along the coast. (B) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. (C) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993), hereby incorporated by reference. (D) An area within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.
(E) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code, or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Public Health, the State Water Resources
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Control Board, or the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F) An area within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the California Geological Survey. (G) An area within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.
(H) An area within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.
(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan.
(J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species or native plants protected by the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K) Lands under conservation easement.
(L) Areas that are, feature, or contain tribal cultural resources per Section 21074 of the Public Resources Code.
(10) HCD. The California Department of Housing and Community Development. (11) Housing. Any development that satisfies both (A) and (B) below:
(A) At least two-thirds of the square footage of the development must be designated for residential use; and
(B) The development includes a house, an apartment, a mobilehome or trailer, a group of rooms, or a single room that is occupied as separate living quarters, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building, and which have direct access from the outside of the building, or through a common hall.
(C) Accessory Dwelling Units and Junior Accessory Dwelling Units pursuant to Government Code sections 65852.2 and 65852.22 meet the definition of “housing” under this paragraph.
(12) High Density Development. Developments with maximum allowable densities pursuant to Government Code section 65583.2, subdivision (c). (13) Housing Element or Element. The housing element of a Locality’s general plan, as required pursuant to subdivision (c) of Section 65302 of the Government Code and prepared in accordance with Housing Element Law.
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(14) Housing Element Law. Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(15) JADU. Junior Accessory Dwelling Unit.
(16) Jurisdiction. Any city, including a charter city; any county, including a charter county; or any city and county, including a charter city and county. (17) Locality. Any city, including a charter city; any county, including a charter county; or any city and county, including a charter city and county. (18) Local Public Entity. A local public entity is defined in accordance with Health and Safety Code section 50079.
(19) Location Efficient Communities. Current or future residential dwellings that provide multiple transportation options and short commutes to daily destinations, improve job and housing relationships, and/or mitigate impacts on or from Environmentally Sensitive or Hazardous Areas.
(20) Ministerial. A process for development approval involving no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," or "objective design review standards" in effect at the time that the application is submitted to the local government, but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. (21) Objective Zoning Standard, Objective Subdivision Standard, and Objective Design Review Standard. Standards that involve no personal or subjective judgment by a public official and that are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
(22) OPR. The California Governor’s Office of Planning and Research. (23) Principles of Prohousing. The policies, concepts, and standards that direct HCD’s review and consideration of a Jurisdiction for a Prohousing Designation. HCD’s review and consideration will include the following:
(A) The Jurisdiction’s actions to facilitate the planning, approval, or construction of a variety of housing types (e.g., increasing zoned capacity for supply, facilitating affordability for all income levels, removing regulatory barriers to development, and streamlining approval). Such action should be balanced by the Jurisdiction’s equal efforts to prevent displacement, preserve existing affordable housing, and establish tenant protections.
(B) The Jurisdiction’s accomplishment of integrated planning and development consistent with the state planning priorities set forth at Government Code section 65041.1 and/or the regional transportation plan adopted by the relevant transportation agency pursuant to Government Code sections 65080 and 65080.01. The Jurisdiction may accomplish this outcome through various actions, including, but not limited to, the facilitation of Location Efficient Communities that reduce auto dependence and VMT, and that are consistent with climate change priorities (e.g., climate change adaptation and hazard mitigation).
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(C) The Jurisdiction’s meaningful actions to foster inclusive and equitable communities with adequate, affordable, and accessible housing and transportation infrastructure pursuant to Government Code section 8899.50. (D) The Jurisdiction’s collaboration with public entities to align policies and programs, and with private entities to implement policies and to leverage funding and other resources.
(E) The Jurisdiction’s compliance with established housing law and recent housing reform statutes (e.g., the Housing Accountability Act, the Streamlined Ministerial Approval Process (California Senate Bill 35 (2017)), and the Housing Crisis Act of 2019 (Stats. 2019, ch. 654).
(24) Program. The Prohousing Designation Program.
(25) Prohousing or Prohousing Designation. The designation conferred on those applicants that meet the requirements of the Prohousing Designation Program. (26) Prohousing Policy. A course or basis of action adopted or proposed by a Jurisdiction, which satisfies or purports to satisfy Sections 6605 and 6606, and which, as such, is reasonably likely to accelerate, streamline, or encourage housing production. A Prohousing Policy may include, but is not limited to, a law, regulatory rulemaking, or procedure. A Prohousing Policy may be freestanding, or it may be integrated with other Prohousing Policies as part of a larger Prohousing strategy. (27) Regional Housing Needs Allocation or RHNA. The projected need for housing for each region, as determined by the Department pursuant to Section 65584.01 of the Government Code.
(28) State Planning Priorities. Priorities which are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety for all communities in the state, and as pursuant to Government Code section 65041.1. (29) VMT. Vehicle Miles Traveled.
Note: Authority Cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
Adopt Section 6602
§ 6602. Applications and Documentation
(a) Beginning July 1, 2021, the Department shall accept applications for a Prohousing Designation on a continuous, year-round basis. The Department shall make the application available on its Web site.
(b) The application will require the applicant to do all of the following:
(1) Certify or, where applicable, demonstrate that the applicant has met the threshold criteria under Section 6604.
(2) Identify each Prohousing Policy by providing a concise written description of the Prohousing Policy, and by specifying whether the Prohousing Policy is enacted or proposed.
(3) Submit the Jurisdiction’s documentary evidence in support of each Prohousing Policy, whether enacted or proposed. Submission may include links to the location of documents on a jurisdiction’s Web site.
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(4) Self-score each Prohousing Policy in accordance with the scoring criteria set forth at Section 6606. The application will allow the applicant to utilize the enhancement factors set forth at subdivision (c) of Section 6606 to increase the application’s total point score.
Note: Authority Cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
Adopt Section 6603
§ 6603. Submittal and Application Review
(a) Applicants shall submit a complete and self-scored application to the Department when applying for a Prohousing Designation. All applications shall be submitted electronically to [email protected].
(b) Within ten (10) calendar days of receiving the application, the Department shall provide the applicant with a written acknowledgment of receipt. (c) To complete its review of the application, the Department may request additional clarifying documentation and information from the applicant. (d) To assist with its review of the application, the Department may consult with and gather Program-relevant information from any individual, entity, or public agency. (e) The Department shall complete its review of the application within sixty (60) calendar days of receipt and promptly notify the applicant in writing of its final Prohousing Designation determination.
(f) Applicants may submit applications multiple times, but they may not submit multiple applications for contemporaneous review by the Department. (g) If the Department approves their application, applicants will receive an official letter of designation. A Prohousing Designation is permanent unless it is revoked pursuant to Section 6607. The Department’s letter of designation may specify conditions that must be satisfied to maintain the designation’s validity consistent with Government Code section 65589.9 and these regulations.
(h) At least once a year, the Department shall make publicly available a list of pending applications and their review status.
(i) The Department shall update its list of Jurisdictions that have received a Prohousing Designation on at least an annual basis. The Department shall report that list of designations to OPR, and to any other applicable agency or department, annually and upon request.
Note: Authority Cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
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Adopt Section 6604
§ 6604. Applicant Threshold Criteria
(a) Only Jurisdictions may apply for a Prohousing Designation. (b) Applicants shall certify, in the application, that each of the following threshold requirements is met:
(1) The applicant has adopted a Compliant Housing Element at the time of application or prior to designation.
(2) The applicant has submitted a legally sufficient Annual Progress Report at the time of application or prior to designation.
(3) The applicant has completed, on or before the relevant statutory deadlines, any rezone program or zoning that is necessary to remain in compliance with Government Code section 65583, subdivision (c)(1).
(4) The applicant is in compliance, at the time of the application, with applicable state housing law, including, but not limited to, Housing Element Law; “No Net Loss” Law (Gov. Code, § 65863); the Housing Accountability Act (Gov. Code, § 65589.5); State Density Bonus Law (Gov. Code, § 65915 et seq.); laws relating to the imposition of school facilities fees or other requirements (Gov. Code, § 65995 et seq.); Least Cost Zoning Law (Gov. Code, § 65913.1); the Housing Crisis Act of 2019 (Stats. 2019, ch. 654); and antidiscrimination law (Gov. Code, § 65008).
(c) Applicants shall further submit, at the time of application, a valid Formal Resolution for the Prohousing Designation Program (New 04/21), which is hereby incorporated by reference. The Formal Resolution for the Prohousing Designation Program must have been duly adopted and certified by the applicant’s governing body and it must remain valid for the life of the designation.
(d) The Department shall reject an application for a Prohousing Designation if it determines that the applicant has not satisfied the threshold requirements set forth in subdivisions (b) and (c) above.
(e) The Department shall reject an application for a Prohousing Designation if it discovers that the applicant is engaging in any of the following activities during the Department’s review of the application:
(1) Enacting laws, developing policies, or taking other actions that are reasonably likely to inhibit or constrain housing production, or that can be objectively shown to have inhibited or constrained housing production. Examples of prohibited laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; changing the zoning of an area or neighborhood to reduce the density of housing or permitted construction without actions to ensure no net loss of density; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures.
(2) Violating Housing Element Law; “No Net Loss” Law (Gov. Code, § 65863); the Housing Accountability Act (Gov. Code, § 65589.5); State Density Bonus Law (Gov.
Code, § 65915 et seq.); laws relating to the imposition of school facilities fees or other requirements (Gov. Code, § 65995 et seq.); Least Cost Zoning Law (Gov. Code, § 65913.1); the Housing Crisis Act of 2019 (Stats. 2019, ch. 654); or antidiscrimination law (Gov. Code, § 65008).
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(f) The Department may consider comments, reports, and findings from governmental and non-governmental entities when determining if an applicant meets the requirements of this section.
(g) The Department shall reject an application for a Prohousing Designation if it determines that the applicant at any time provided false or inaccurate information in its application.
Note: Authority Cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
Adopt Section 6605
§ 6605. Designation Criteria Requirements
(a) Applications must meet the following requirements in order to qualify for scoring review:
(1) The applicant must show that it has enacted or proposed Prohousing Policies by providing a concise written description, and by identifying or submitting documentary evidence, of each Prohousing Policy in accordance with the requirements set forth at subdivision (b) of Section 6602. Applicants with proposed Prohousing Policies shall satisfy the following additional criteria:
(A) The applicant’s application must also present at least two (2) enacted Prohousing Policies for the Department’s review; and
(B) The applicant shall certify that each proposed Prohousing Policy will be enacted within two (2) years of the date on the applicant’s application. (2) The applicant’s enacted and proposed Prohousing Policies must contribute to the Acceleration of Housing Production throughout the Locality or throughout a smaller geographic unit within the Locality, as demonstrated by the applicant’s documentary evidence in support of the Prohousing Policy.
(A) Project-specific planning documents or approvals do not qualify as Prohousing Policies unless they result in a locality-wide benefit or in an ongoing benefit that extends beyond the project.
(b) The Department may consider Prohousing Policies that are integrated with other planning priorities (e.g., open space preservation, hazard mitigation, minimization of displacement) if the Prohousing Policy results in a net benefit or gain for the Acceleration of Housing Production.
(c) Each Prohousing Policy identified in an application shall receive a point allocation only once for purposes of that application.
(d) Applicants may identify Prohousing Policies that are or will be carried out in partnership with other entities, where the Prohousing Policy will have a direct effect on land use or development within the applicant’s jurisdiction. Partnerships shall be formed pursuant to legally binding agreements. Partnerships may be formed with a Local Public Entity.
Note: Authority Cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
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Adopt Section 6606
§ 6606. Designation Criteria
(a) Applicants that meet the requirements in Sections 6604 and 6605 shall qualify for the review and validation phase of the application process. (b) The Department shall validate applicants’ scores based on the extent to which each identified Prohousing Policy contributes to the Acceleration of Housing Production.
The Department shall assess applicants’ Prohousing Policies in accordance with this section, Section 6605 of this Chapter, and Government Code section 65589.9, subdivision (f)(2). The Department shall further assess applicants’ Prohousing Policies using the four scoring categories set forth at paragraphs (1) – (4) below. Applicants shall demonstrate that they have enacted or proposed at least one policy that significantly contributes to the Acceleration of Housing Production in each of the four categories. A Prohousing Designation requires a total score of 30 points or more across all four categories:
(1) Favorable Zoning and Land Use:
(A) Three (3) Points. Sufficient sites, including rezoning, to accommodate 150 percent or greater of the current or draft RHNA, whichever is greater, by total or income category.
(B) Three (3) Points. Permitting missing middle housing uses (e.g., duplexes, triplexes and fourplexes) by right in existing low-density, single-family residential zones. (C) Two (2) Points. Sufficient sites, including rezoning, to accommodate 125 to 149 percent of the current or draft RHNA, whichever is greater, by total or income category.
These points shall not be awarded if the applicant earns three points pursuant to paragraph (1)(A).
(D) Two (2) Points. Density bonus programs which exceed statutory requirements by 10 percent or more.
(E) Two (2) Points. Increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit law (e.g., permitting more than one ADU or JADU per single-family lot). These policies shall be separate from any qualifying policies under paragraph (1)(B). (F) Two (2) Points. Reducing or eliminating parking requirements for residential development as authorized by Government Code section 65852.2; adopting vehicular parking ratios that are less than the relevant ratio thresholds at subparagraphs (A), (B), and (C) of Government Code section 65915, subdivision (p)(1); or adopting maximum parking requirements at or less than ratios pursuant to Government Code section 65915, subdivision (p).
(G) One (1) point. Zoning to allow for residential or mixed uses in one or more non- residential zones (e.g., commercial, light industrial). Qualifying non-residential zones do not include open space or substantially similar zones.
(H) One (1) point. Modification of development standards and other applicable zoning provisions to promote greater development intensity. Potential areas of focus include floor area ratio; height limits; minimum lot or unit sizes; setbacks; and allowable dwelling units per acre. These policies must be separate from any qualifying policies under paragraph (1)(B).
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(I) One (1) Point. Establishment of a Workforce Housing Opportunity Zone, as defined in Government Code section 65620, or a housing sustainability district, as defined in Government Code section 66200.
(J) One (1) Point. Demonstrating other zoning and land use actions that measurably support the Acceleration of Housing Production.
(2) Acceleration of Housing Production Timeframes:
(A) Three (3) Points. Establishment of ministerial approval processes for a variety of housing types, including single-family and multifamily housing. (B) Two (2) Points. Establishment of streamlined, program-level CEQA analysis and certification of general plans, community plans, specific plans with accompanying Environmental Impact Reports (EIR), and related documents. (C) Two (2) Points. Documented practice of streamlining housing development at the project level, such as by enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law (Pub. Resources Code, §§ 21155.1, 21155.4, 21159.24, 21159.25; Gov. Code, § 65457; Cal Code Regs., tit. 14, §§ 15303, 15332; Pub. Resources Code, §§ 21094.5, 21099, 21155.2, 21159.28). (D) Two (2) Points. Establishment of permit processes that take less than four months. Policies under this subparagraph must address all approvals necessary to issue building permits.
(E) Two (2) Points. Absence or elimination of public hearings for projects consistent with zoning and the general plan.
(F) One (1) Point. Establishment of consolidated or streamlined permit processes that minimize the levels of review and approval required for projects, and that are consistent with zoning regulations and the general plan.
(G) One (1) Point. Absence, elimination or replacement of subjective development and design standards with objective development and design standards that simplify zoning clearance and improve approval certainty and timing. (H) One (1) Point. Establishment of one-stop-shop permitting processes or a single point of contact where entitlements are coordinated across city approval functions (e.g., planning, public works, building) from entitlement application to certificate of occupancy. (I) One (1) Point. Priority permit processing or reduced plan check times for ADUs/JADUs, multifamily housing, or homes affordable to lower- or moderate-income households.
(J) One (1) Point. Establishment of a standardized application form for all entitlement applications.
(K) One (1) Point. Practice of publicly posting status updates on project permit approvals on the Internet.
(L) One (1) Point. Limitation on the total number of hearings for any project to three or fewer. Applicants that accrue points pursuant to paragraph (2)(E) are not eligible for points under this subparagraph.
(M) One (1) Point. Demonstration of other actions, not listed above, that quantifiably decrease production timeframes or promote the streamlining of approval processes. (3) Reduction of Construction and Development Costs:
(A) Three (3) Points. Waiver or significant reduction of development impact fees for residential development.
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(B) Two (2) Points. Adoption of ordinances or implementation of other mechanisms that result in less restrictive requirements than Government Code sections 65852.2 and 65852.22 to reduce barriers for property owners to create ADUs/JADUs. Examples of qualifying policies include, but are not limited to, development standards improvements, permit processing improvements, dedicated ADU/JADU staff, technical assistance programs, and pre-approved ADU/JADU design packages.
(C) One (1) Point. Adoption of other fee reduction strategies separate from paragraph (3)(A), including fee deferrals and reduced fees for housing for persons with special needs.
(D) One (1) Point. Promoting innovative housing types (e.g., manufactured homes, recreational vehicles, park models) that reduce development costs. (E) One (1) Point. Measures that reduce costs for transportation-related infrastructure or programs that encourage active modes of transportation or other alternatives to automobiles. Qualifying policies include, but are not limited to, publicly funded programs to expand sidewalks or protect bike/micro-mobility lanes; creation of on-street parking for bikes; transit-related improvements; or establishment of carshare programs. (F) One (1) Point. Adoption of universal design ordinances pursuant to Health and Safety Code section 17959.
(G) One (1) Point. Establishment of pre-approved or prototype plans for missing middle housing types (e.g., duplexes, triplexes, and fourplexes) in low-density, single- family residential areas.
(H) One (1) Point. Demonstration of other actions, not listed above, that quantifiably reduce construction or development costs.
(4) Providing Financial Subsidies:
(A) Two (2) Points. Establishment of local housing trust funds or collaboration on a regional housing trust fund.
(B) Two (2) Points. Provide grants or low-interest loans for ADU/JADU construction affordable to lower- and moderate-income households.
(C) Two (2) Points. A comprehensive program that complies with the Surplus Land Act (Gov. Code, § 54220 et seq.) and that makes publicly owned land available for affordable housing, or for multifamily housing projects with the highest feasible percentage of units affordable to lower income households. A qualifying program may utilize mechanisms such as land donations, land sales with significant write-downs, or below-market land leases.
(D) Two (2) Points. Establishment of an Enhanced Infrastructure Financing District or similar local financing tool that, to the extent feasible, directly supports housing developments in an area where at least 20 percent of the residences will be affordable to lower income households.
(E) One (1) Point. Directed residual redevelopment funds to affordable housing. (F) One (1) Point. Development and regular (at least biennial) use of a housing subsidy pool, local or regional trust fund, or other similar funding source. (G) One (1) Point. Prioritization of local general funds for affordable housing. (H) One (1) Point. Demonstration of other actions, not listed above, that and quantifiably promote, develop, or leverage financial resources for housing. (c) The Department shall utilize enhancement factors to increase the point scores of Prohousing Policies. Each Prohousing Policy will receive, if applicable, two extra points
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for the enhancement factor set forth at paragraph (1) below, and one extra point for each enhancement factor set forth at paragraphs (2) – (8) below:
(1) The policy represents one element of a unified, multi-faceted strategy to promote multiple planning objectives, such as efficient land use, access to public transportation, affordable housing, climate change solutions, and/or hazard mitigation. (2) Policies that promote development consistent with the state planning priorities pursuant to Government Code section 65041.1.
(3) Policies that diversify planning and target community and economic development investments (housing and non-housing) to improve lower opportunity areas. Such areas include, but are not limited to, Low Resource and High Segregation & Poverty areas designated in the most recently updated TCAC/HCD Opportunity Maps, and disadvantaged communities pursuant to California Senate Bill 535 (2012). (4) Policies that go beyond state law requirements in reducing displacement of lower income households and conserving existing housing stock that is affordable to lower income households.
(5) Rezoning and other policies that support high-density development in Location Efficient Communities.
(6) Rezoning and other policies that result in a net gain of housing capacity while concurrently mitigating development impacts on or from Environmentally Sensitive or Hazardous Areas.
(7) Zoning policies that increase housing choices and affordability in High Resource and Highest Resource areas, as designated in the most recently updated TCAC/HCD Opportunity Maps.
(8) Other policies that involve meaningful actions towards affirmatively furthering fair housing pursuant to Government Code section 8899.50, including, but not limited to, outreach campaigns, updated zoning codes, and expanded access to financing support.
Note: Authority Cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
Adopt Section 6607
§ 6607. Administration
(a) The Department shall monitor Prohousing Designations on an ongoing basis and may take revocation action, as specified herein.
(1) The Department may review and revoke a Prohousing Designation upon discovery of a Jurisdiction’s violation of applicable state housing law, including those laws specified in Section 6604.
(2) The Department may review and revoke a Prohousing Designation upon determining that the Jurisdiction has failed to implement a proposed Prohousing Policy within the timeframe specified in its application for a Prohousing Designation; taken action that is objectively in conflict with the Principles of Prohousing; or taken action inconsistent with the obligation to affirmatively further fair housing pursuant to Government Code section 8899.50.
(3) The Department shall receive and consider any complaint related to a Jurisdiction’s violation of any applicable state housing law (including any law specified in
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Section 6604); failure to implement a proposed Prohousing Policy within the timeframe specified in the Jurisdiction’s application for a Prohousing Designation; action that is inconsistent with the Principles of Prohousing; and action that is inconsistent with the obligation to affirmatively further fair housing pursuant to Government Code section 8899.50.
(4) The Department shall promptly notify the Jurisdiction in writing of any review that is undertaken pursuant to this section.
(5) The Department shall allow thirty (30) calendar days for the Jurisdiction to respond in writing to notification of the review.
(6) The Department shall consider comments from and may consult with any party during its review of a Jurisdiction’s Prohousing Designation. (7) The Department shall make its preliminary findings available to the Jurisdiction within sixty (60) calendar days of its notification of review, and shall allow fifteen (15) calendar days for a written response from the Jurisdiction. (8) The Department shall issue its final determination within sixty (60) calendar days of the deadline for the Jurisdiction’s written response to the Department’s preliminary findings. The Department shall have the discretion to revoke the Jurisdiction’s Prohousing Designation.
(9) Jurisdictions may submit a new application for a Prohousing Designation upon remedying the violations or problems identified by the Department in its final determination to revoke a previously granted Prohousing Designation.
Note: Authority Cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
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